UFAN Sent Me a Form 1012-R Mailer to Keep me in My House

Received a Form 1012-R mailer from UFAN I called the # 1-866-395-7446 i was transferred to a legal assistant named Jacob Rasmussen.

After explained all my situation he said that I will have to sent in a copy of the DOT (Deed of Trust) and the engagement agreement signed in order to be set up for a consultation with an attorney and if I qualify a $5K engagement fee would be charged.

I told him that I have been burned out before and I wouldn’t advance any money until I see results.

He said to send him the DOT and that he would get back to me and he would like to have the engagement agreement signed as well. Attached are the things he sent me. it came from jrasmussen@theufan.com with a Toll Free (877)791-2247″

The Answer

Thank you for including the additional documents you received.

I suppose what concerns me the most about these offers is that you are being pitched the benefits of a legal action against your lender by a non-attorney. These mass joinder actions have resulted in a number of law offices being raided and client records being seized by the California Bar. You can read about that here.

This is not to say that you should not participate in any legal action that you want to take but that you need to be aware of what you are walking in to. It seems that up until now you’ve been pitched participation based on a mailer and that pitch is attempting to encourage you to pay $5,000.

It does not seem that up to this point you’ve actually had a conversation with the lawyer that would be representing you so I’m left with looking at the documents you sent me to get a better idea of exactly what you are trying to be sold.

If we push past all of the “banks are evil” and they screwed consumers, what we appear to be left with are claims UFAN is making about the outcomes of your investment and an action against the lender.

Here is what UFAN says:

Pre-trial settlement: As each client joins the multi-party action the lender will receive a pre-trial settlement demand. The litigator may negotiate a viable settlement. The potential terms of this settlement are on a case by case basis.

Amnesty Program: It’s foreseeable that the government may become involved in this crisis. If so council will work with legislation to create a potential amnesty program. The results of which will likely be a universal modification approach. If successful, this process will indemnify the lending institutions from multi trillion dollar litigation while providing homeowners universal term reductions. Counsel anticipates our clients “having a seat at the table” may afford increased settlement options.

Judgment: Counsels goal will be to seek a complete dismissal of the lien. – Source

But along with that hopeful language, UFAN also says “there are no guarantees of any specific outcome.”

You acknowledge that the Firm has not made and will not make guarantees regarding the successful outcome of the litigation, and all expressions we make are matters of opinion only. You agree that you shall not rely upon any statement we make as a guarantee in any way, shape, or form.- Source

What You Are Being Asked to Pay

According to the client engagement document that you are being urgently asked to sign before a consultation with an attorney, you need to understand what it says.

You are being asked to pay a “Non-Refundable and Non-Creditable True Retainer Fee paid pursuant to the foregoing legal Retention Agreement: $5.000,00 fixed fee due at time of execution. After the initial fixed fee of $5.000,00 , there will be no further payments unless and until steps are necessary to protect Client(s) from a pending foreclosure sale.

Foreclosure prevention will be deemed necessary upon the issuance of the Notice of Trustee Sale (NOTS). If such steps become necessary the following recurring fee will be triggered: $1000.00 paid on the first of month following the recording of the NOTS; $1000.00 paid on the first (1st) of each month thereafter throughout the duration of litigation.

To start right off, the agreement says it is between you and the UNITED FORECLOSURE ATTORNEY NETWORK, PC.

According to the State of California records, there happens to be no registered business by that name.

In addition to the amount of money you are being asked to pay with the retainer, it also says you will have to pay thirty-five percent (35%) of any monetary compensation you receive.

How Long With This Take to Get My House?

Let’s turn again to the UFAN FAQ. Here is what they say:

The actual time frame for the current suits is undetermined at this time. There are many compensating factors that could expedite or extend the litigation process. As a result, the plaintiff borrower should prepare for a lawsuit that remains pending for 1 – 3 years, perhaps longer. – – Source

So this is not a quick fix solution. There is no idea how long a case will take nor that there will be a successful outcome. If you are considering such action as a way to keep your house, then you may want to read this statement by another attorney pursuing similar cases.

Let me be very clear: joinder cases are not about emergency relief. They won’t stop a foreclosure, or get a house back. Except as the result of a settlement (which are few and far between), they won’t result in a loan modification. – Source

So, What to Do

At the very least, before jumping into such an action, the best advice I can give you is:

to not rely on the statements of a non-attorney sales person;

be sure to read and understand any document you are being asked to sign; and,

get a second opinion from a licensed attorney in your state before you jump into anything.

Please post your responses and follow-up messages to me on this in the comments section below.

Don’t waste your time and money using the UFAN. I did and I’m $14,000 poorer and now homeless. The attorney assigned to me bungled everything from start to finish.

Kristin Crone

I would like to make a few comments in defense of UFAN. First, I see no evidence that Mr. Rasmussen gave any legal advice. It only says he provided the client with documentation and requested that the client send documentation to UFAN. UFAN requests a copy of the Deed of Trust, as well as other mortgage related documents, so that the attorney can prepare for the complimentary consultation and give the best advice possible.

UFAN provides a copy of the retainer to the client so that the client can review the retainer and ask retainer related questions to the attorney during the complimentary consultation. It is not a requirement that the retainer be signed and returned to us. We do request such for two reasons, 1) it expedites the intake process for clients with pending foreclosure sales, and 2) we hope that the client will actually read the document prior to the consultation and assume they are more likely to read a document they are signing. Again, a signed retainer is not a requirement for a complimentary consultation. I am sorry that you were lead to believe otherwise. I will certainly address that issues with Mr. Rasmussen.

Please note that no one asked for an advanced fee. It was clearly stated that you would only pay the $5,000 after the attorney consultation. This fee is NEVER taken if you complete the consultation and do not wish to move forward. I believe you missunderstood Jacob a bit. He said you would only be charged $5,000 after consultation “if you qualify.” What was meant is that you would only be charged if you still wanted to move forward and approve the payment after consultation. I will make sure he states this correctly in the future to avoid such confusion.

It seems as if you received out-dated UFAN materials. For that I offer my most sincere appologies. UFAN was formerly listed with the Secretary of State as United Foreclosure Attorney Network, PC. We changed our name to UFAN Legal Group, PC for business purposes. If you look up the new name, you will find us as active on the Secretary of State website. We have also registered a ficticious business name of United Foreclosure Attorney Network to avoid confusion.

As per the comments posted, I should let people know that Chad Pratt and Terry Thomas are only litigators for UFAN. They do not take client calls. They only offer contract litigation services for UFAN. They both run their own practices outside of the work they provide UFAN. The UFAN phone number is listed on the website http://www.ufanlaw.com. The number is 916-794-0944 (or 877-791-2247 toll free). There are several attorneys in the UFAN office who regularly take and return client phone calls.

UFAN would love to provide services to you, but because you have had such a bad start with UFAN, I would recommend consulting with Brookstone if you have continued interest in fighting your lender. It is my understanding that Brookstone is a legitimate firm and I know of a few attorneys with whom they work that are very good. I also found out recently that they too offer foreclosure related services in addition to joinder litigation.

Paul

Thank you for that post Ms. Crone – I just saw your contact info and your post. I think we all want to fight legally, we’re just gunshy from recent reports. No one should be denied their rights – I’m certainly one of those that wants to join the suit – thank you for posting.

Paul

Hi Guys – I’ve been working with UFAN up till now with the target being BofA – I have not sent in the retainer as I’ve done some more research. I’ve called two of the three of their attorneys – to which – none have returned my call. One, has a virtual office with a lady answering the phone with a baby in the background. I’ve called 2 xx each for the last 3 days and not a single call back. When I called, I said I was a prospective client – that’s all.

I have more information – but for now, I would steer clear of these guys – you can hire your own attorney instead of using these guys – they are simply brokers, middlemen.

http://GetOutOfDebt.org Steve Rhode

If you have more to share to assist others, please do. It’s disturbing to hear your calls went unreturned.

Did you try to reach Kristin Crone, Esq. directly? She has published her contact information here on the site.

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